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[bearfartinthewoods]

http://www.cnn.com/2004/LAW/02/04/gay.marriage.ap/index.html

BOSTON, Massachusetts (AP) -- The Massachusetts high court ruled Wednesday that only full, equal marriage rights for gay couples -- rather than civil unions -- would be constitutional, erasing any doubts that the nation's first same-sex marriages could take place in the state beginning in mid-May. my bold

The court issued the opinion in response to a request from the state Senate about whether Vermont-style civil unions, which convey the state benefits of marriage -- but not the title -- would meet constitutional muster.

"The history of our nation has demonstrated that separate is seldom, if ever, equal," the four justices who ruled in favor of gay marriage wrote in the advisory opinion. A bill that would allow for civil unions, but falls short of marriage, makes for "unconstitutional, inferior, and discriminatory status for same-sex couples."

The much-anticipated opinion sets the stage for next Wednesday's constitutional convention, where the Legislature will consider an amendment that would legally define marriage as a union between one man and one woman. Without the opinion, Senate President Robert Travaglini had said the vote would be delayed.